Who Is Responsible for a Blocked Drain in England?

In England, you are responsible for the drain pipes that serve only your property and sit inside your property boundary. Pipes you share with a neighbour, and pipes that run beyond your boundary to the public sewer, have been the water company's responsibility since 1 October 2011. Road gullies belong to the council. Working out which pipe is blocked tells you who pays.

That rule of thumb covers most homes, but the details matter when a blockage is right on the boundary, when you live in a flat, or when your home was built after 2011. This guide explains the definitions, the 2011 transfer, who to call in the East Midlands and what to do next.

What is the difference between a drain, a lateral drain and a sewer?

The legal definitions come from section 219 of the Water Industry Act 1991, and they decide who is responsible:

• Drain: a pipe "used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage". In plain English, the pipes that serve only your home and sit within your boundary.
• Lateral drain: "that part of a drain which runs from the curtilage of a building… to the sewer with which the drain communicates". This is the section of your pipe outside your boundary, often under the pavement or road.
• Sewer: everything else that serves buildings, including pipes that carry waste from more than one property.

Citizens Advice sums it up simply: you maintain the drains inside your boundary that serve only your property, and you can choose any contractor to do it. The water company maintains lateral drains and sewers, including pipes shared with neighbours, even when they run under your land.

What changed in 2011?

Before October 2011, many shared pipes were "private sewers", and neighbours had to split the cost of clearing or repairing them. That changed with The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011:

• Private sewers and lateral drains connected to the public sewer before 1 July 2011 transferred to the water companies on 1 October 2011.
• Private pumping stations followed, with the transfer required no later than 1 October 2016.

So if your home was connected before July 2011, the shared pipes and the pipe beyond your boundary are now public. Severn Trent's responsibility guidance notes that its diagram does not apply to homes built after 2011 unless their sewers have been adopted, so owners of newer homes should check with the developer or the water company.

Who is responsible for which pipe?

A useful test from Severn Trent: if your neighbours are affected too, the problem is likely to be in the public sewer. If only your home is affected, the blockage is more likely to be in your private drain.

Who do I call in the East Midlands?

The company that matters is your sewerage company, which is not always the company that supplies your water.

• Severn Trent is the sewerage company for Nottinghamshire and most of Derbyshire and Leicestershire. It says "You're responsible for private drains and we cover the public sewers", and it takes sewer blockage reports 24 hours a day on 0800 783 4444 or through its blocked drains page.
• Anglian Water covers most of Lincolnshire and the Market Harborough area. Its sewer pipe responsibility page explains the split, and its report a blockage page lists how to reach it at any time.
• Yorkshire Water handles sewerage around Chesterfield.

If Severn Trent attends and finds the blockage is in your private drain, it may offer to clear it for a fee. You don't have to accept, because you can use any contractor for a private drain.

Road gullies and flooding on the road

Gullies at the kerbside are highway drains, so report them to the council rather than the water company:

• Nottinghamshire County Council: report flooding or drainage problems online, through the MyNotts app or on 0300 500 8080.
• Nottingham City Council: report a road problem.
• Derbyshire County Council: flooding, drainage and gullies.
• Derby City Council: roads and flooding.
• Leicestershire County Council: roadside drains.
• Lincolnshire County Council: report blocked drains.

What about flats, rented homes and shared driveways?

Flats. Pipes outside the building that serve several flats are shared, so they normally fall to the water company once they are connected to the public sewer. Pipework inside the building itself, such as a shared soil stack, is generally the responsibility of the building's owner or management company. Check your lease for who arranges and pays for repairs.

Rented homes. In most residential tenancies the landlord arranges drain repairs, while tenants are expected to use the drains sensibly. A blockage caused by wipes or fat may be recharged to the tenant if the tenancy agreement allows it. Tenants should report problems to the landlord or agent in writing and keep a record.

Shared driveways and terraces. Terraced streets often have one pipe running behind several houses. If it joins the public sewer and carries waste from more than one home, it is a sewer and the water company's responsibility, even though it runs under private gardens.

How do I find out where my drains run?

Start with the simple checks:

1. Lift light gully grates and, if they are safe to move, inspection covers on your own property to see which way the pipe runs. Don't lift heavy or stuck manhole covers, and wear gloves.
2. Ask neighbours whether their drains are slow too.
3. Look at your property's drainage search from when you bought the house, or ask your water company about its sewer records.

If the route is still unclear, a CCTV drain survey shows exactly where the pipes go, where they join and where the blockage or defect is. The report is also useful evidence if you need the water company to take responsibility. Our guide to what a CCTV drain survey report shows explains how to read one.

Councils also have powers here. Citizens Advice notes that a council's environmental health team can require owners to repair defective private drains, so a neglected private drain can become a formal problem.

When to call a professional

Call a drainage engineer when the blockage is on your side of the boundary, when a DIY attempt hasn't worked, or when you can't tell where the problem is. Urgent Drainage Solutions clears blocked drains across Nottinghamshire, Derbyshire, Leicestershire and Lincolnshire. We're open 7 days, 6am to 8pm, with emergency call-outs 365 days a year, there is no call-out fee and unblocking starts from £95 + VAT. If the blockage turns out to be in the public sewer, we'll tell you so you can report it to the water company rather than paying for work that isn't yours.

You can book online, see our prices or call 07300 600 950. If you think the drain may be damaged rather than blocked, read our guide to the signs of a blocked or collapsed drain.

Sources

• Water Industry Act 1991, section 219 (legislation.gov.uk)
• The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566
• Citizens Advice: who is responsible for repairing drains and sewers
• Severn Trent: sewer pipe responsibility
• Severn Trent: blocked drains
• Anglian Water: sewer pipe responsibility
• Nottinghamshire County Council: report a flooding or drainage problem